Commentary and Materials

Overview

This Abridged edition of Blackshield and Williams provides students with a concise and compact version of Australia’s leading constitutional law text. It has been customised to reflect the content of constitutional law subjects taught over one semester and reproduces only the essential chapters and materials from the thoroughly revised, updated and restructured sixth edition.

Also available is the complete Standard edition, click here for details.

Chapter 9: The Territories
1. The Territories
2. Scope of the Territories Power
3. Limits on the Territories Power
4. Further References
Part 4 - The Executive and Executive Power

Chapter 10: The Executive
1. The Crown
2. The Governor-General
3. Executive Power
(a) Prerogative Power
(b) Nationhood Power
(c) Power Conferred by Statute
(d) Contracting and Spending
4. Control of the Executive
(a) Responsible Government
(b) Constitutional Writs
5. Further References
Part 5 - The Judiciary and Judicial Power

Chapter 12: Separation of Judicial Power
1. The Separation of Federal Judicial Power
2. The Separation of State Judicial Power
3. Defining Judicial Power
4. Judicial Power and Administrative Tribunals
5. Exceptions to the Boilermakers Case
(a) Military Tribunals
(b) Delegation of Judicial Power
(c) Persona Designata Rule
6. The Incompatibility Doctrine
7. Legislative Usurpation and Interference
8. Further References

Chapter 19: Defence Power
1. Nature of the Power
2. War
3. Post-War
4. Peace
5. Military Justice
6. Cold War: The Communist Party Case
7. Terrorism and National Security
8. Further References

Chapter 20: International Law and the External Affairs Power
1. Reception of International Law
2. International Law and Constitutional Interpretation
3. External Affairs
(a) Relations with Other Countries
(b) Matters External to Australia
(c) International Law Other than Treaties
4. Implementing Treaties
(a) Entering into Treaties
(b) First Approaches
(c) The Expanding Power
(d) The Power Confirmed
(e) International Recommendations
5. Further References

Chapter 22: Races Power
1. Introduction
2. A Commonwealth Power in Relation to Aboriginal People
3. Special Laws Deemed Necessary for the People of Any Race
4. For the Benefit of a Race?
5. Further References

Chapter 24: Appropriations and Grants
1. The Appropriation Power
(a) ‘Purposes of the Commonwealth’
(b) The AAP Case
(c) Section 81 Resolved
(d) Controls on Government Expenditure
2. The Grants Power
(a) The Early Cases
(b) The Uniform Tax Cases
(c) Limits on the Power
3. Further References
Part 7 - Limits on Power

Chapter 26: Human Rights
1. Human Rights
2. Bills of Rights
3 The Common Law and the Principle of Legality
4. Trial by Jury
5. Freedom of Religion
(a) Separation of Church and State
(b) Section 116
6. Rights of Out-of-State Residents
7. Further References

Chapter 27: Economic Freedoms
1. Freedom of Interstate Trade, Commerce and Intercourse
(a) Isaacs, Dixon and Barwick
(b) The Whitfield Thunderbolt
(c) Cole’s New World
(d) ‘Intercourse’ among the States
2. Acquisition of Property on Just Terms
(a) ‘Property’
(b) Laws with Respect to the Acquisition of Property
(c) ‘Just terms’
3. Further References